By Marlon Redding. Last Updated 17th November 2022. While you’re at work, your employer has a duty of care to try and keep you safe. This means that they need to take steps to reduce any risks. Failure to do so could mean you’re entitled to claim compensation if you’re injured in a workplace accident due to employer negligence. In this guide, we’re specifically going to look at claiming for a fractured humerus at work. We’ll provide information on what to do if you broke your arm at work and when your employer could be liable. Also, we’ll provide a personal injury claims calculator to help you work out what your injuries could be worth.
Legal Helpline could assist you with your claim by offering a no obligation assessment of your claim and free advice on your options. Should your claim be strong enough, we could introduce you to one of our panel of no win no fee solicitors. To begin your claim today, please call us on 0161 696 9685.
If you’d prefer to find out more about broken arm at work compensation, please carry on reading our guide.
Jump To A Section
- Upper Arm Fractures Caused By An Accident At Work
- Anatomy Of The Upper Arm And Humerus Bone
- Common Workplace Accidents And Injuries
- 5 Ways You Could Suffer A Broken Humerus Or Upper Arm
- Case Study: £25,000 Fractured Humerus At Work Compensation Settlement
- How Much Can I Claim For A Broken Humerus
- No Win No Fee Claims For A Broken Or Fractured Humerus
- How To Make A Successful Workplace Accident Claim
- Start Your Claim With Legal Helpline
- Related Claims Guides
Upper Arm Fractures Caused By An Accident At Work
If you’re involved in an accident at work which involves a fall or a collision, then it’s quite conceivable that you could fracture your humerus. If the accident can be shown to have been caused by employer negligence, then you could be eligible to claim compensation for your injuries. Examples of negligence that could lead to a claim include:
- Inadequate training of the task which led to the accident.
- An unsafe working environment i.e. uneven flooring, trailed cables, slippery surfaces etc.
- Faulty or unmaintained machinery.
- A lack of safety or protective equipment.
If you are involved in an accident, the main symptoms that could point to a fractured humerus include:
- Pain in the upper arm area.
- Bruising and swelling.
- A grinding feeling when moving the shoulder.
- Difficulty moving the shoulder.
- Deformity of the shoulder area.
Following a scan, there a few forms of fractured humerus treatment possible depending on the type of fracture. These include:
- Proximal humeral fracture: If a proximal fracture is diagnosed, you could be given a sling and not require surgery if the bones are still aligned. If they are displaced, then surgery will be required.
- Fractured humerus head: A splint or cast may be used to from the shoulder to the forearm may be used to keep the elbow at 90 degrees. This is possible if the bones aren’t misplaced. If they are, surgery will be required.
If surgery is required, it will usually involve plates, bolts and pins to realign the fractured bones of the humerus. The type of surgery will depend on whether you have a fractured humerus at the elbow or a fractured humerus at the shoulder. If it’s at the shoulder, there could be nerve damage to consider too.
Anatomy Of The Upper Arm And Humerus Bone
Your humerus is the long bone found in the upper arm. It starts at the shoulder and ends at the elbow. The humerus is the longest bone in the upper body. It is connected to 13 muscles and its purpose is to help with the movement of the elbow and hand.
Common Workplace Accidents And Injuries
Before we look specifically at the types of workplace accidents that could lead to a fractured humerus, we’re going to look at the most common workplace accidents according to statistics from the Health and Safety Executive (HSE).
In the period 2018/19 the most common non-fatal workplace accidents were:
- Slips, trips and falls (on the same level) – 29%.
- Manual handling, carrying and lifting – 20%.
- Being struck by a moving object – 10%.
- Falling from height – 8%.
- Violent acts towards staff – 8%.
These accidents were reported to the HSE under RIDDOR (Reporting of Injuries, Diseases and Dangerous Occurrences Regulations).
5 Ways You Could Suffer A Broken Humerus Or Upper Arm
Now we’re going to look at some scenarios which could lead to a fractured humerus as well as other injuries.
- Slips, trips and falls. If you slip at work due to employer negligence you could claim for any injuries such as a fractured humerus. Examples of negligence which could cause you to fall include a broken handrail, cables trailed across the work area or a slippery floor with no warning signs.
- Falling from height. A fall from height could lead to many different serious injuries. You could be eligible to claim if you hadn’t been trained properly, the ladder or scaffolding was unsuitable, or safety harnesses weren’t available.
- Vehicle accidents. If you fracture your humerus because of a collision involving a vehicle, you could be eligible to claim. An example might be a forklift operator driving too fast around a corner and colliding with you.
- Blunt force trauma. Another way in which you could suffer an upper arm injury is through blunt force trauma. This could happen where a machine fault occurs. If the fault was already known about but the machine hadn’t been repaired or it wasn’t maintained according to the manufacturer’s guidelines, you might be able to claim.
- Shoulder dislocation. It’s also possible for a shoulder to dislocate, or pop out of its socket, following a heavy fall. Even if you haven’t fractured any bones, you could still be able to claim for this type of injury if it’s caused by a negligent act.
Case Study: £25,000 Fractured Humerus At Work Compensation Settlement
Now we’re going to show how an accident at work could lead to compensation for a fractured humerus by showing you a fictitious case study. We’ll call the claimant and victim in this case, Mrs Rogers.
When Mrs Rogers was working as an office manager, she was on her way to an appointment with colleagues in HR. As she was walking along a corridor, she slipped and landed heavily.
Upon investigation she noticed that a radiator pipe was leaking across the corridor. It was noted that the pipe had been fixed previously because PTFE tape was wrapped around the leaking pipe.
Mrs Rogers was taken to hospital by ambulance and was assessed in A&E. It was discovered that she’d suffered concussion, a fractured humerus and bruising to the shoulder, upper and lower arm.
Initially her employer denied liability for the accident. Her solicitor used photographs showing the PTFE tape to show that a repair had been attempted but unsuccessfully, hence the leak. At this point the employer accepted the blame for the accident.
Once Mrs Rogers had recovered from her injuries, a settlement was reached. In total she received £25,000 compensation. This included general damages for the fracture, her concussion and the bruising as well as ongoing pain in her shoulder which could last for a few more years to come. The payment also included compensation for financial losses incurred by Mrs Rogers. These were for lost income due to time off to recover as well as additional travel costs because she was unable to drive for around 4 weeks following the accident.
How Much Can I Claim For A Broken Humerus
While this guide cannot offer you an exact estimate for your claim, we can show you how compensation in fracture claims is assessed. We can also provide resources you can use to see what your potential claim could include.
Your compensation will be assessed under two categories. The first will be the severity of your injury and the pain and distress it may have caused you. The compensation amount awarded for this is known as general damages and to illustrate this type of award, we have created a table of potential figures for fracture compensation for a Humerus fracture and associated arm injuries. The figures in the table come from the April 2022 edition of the Judicial College Guidelines, the publication commonly used in assessing compensation figures in claims.
| Type of Injury | Details | Compensation Range |
|---|---|---|
| Loss Of One Arm: (i) | At shoulder amputations | Not less than £137,160 |
| Loss Of One Arm: (ii) | Above elbow amputations | £109,650 to £130,930 |
| Loss Of One Arm: (iii) | Below elbow amputations | £96,160 to £109,650 |
| Other Arm Injuries: (a) | Severe injuries permanently harming use of the arm | £96,160 to £130,930 |
| Other Arm Injuries: (c) | Recovery is showing after initial disabilities being in place | £19,200 to £39,170 |
| Serious Shoulder Injury | Fractured humerus affecting use of the shoulder and elbow | £12,770 to £19,200 |
| Less Severe Elbow Injuries | Injuries affecting use of the elbow | £15,650 to £32,010 |
| Moderate To Minor Elbow Injuries | Fractures causing harm to the elbow | Up to £12,590 |
The second category will be the financial losses you may have suffered because of your injury. This can include losses such as:
- Loss of income
- Prescription costs for medicine
- Costs towards home modifications to cope with your injury
The two categories would then be combined to reach a final compensation amount.
If you are unsure as to how your injury may be valued, or curious as to what costs you could include as part of your claim please reach out to one of our advisors for help. They can give you more information about bone fracture claims and offer you a direct estimate for compensation in your claim.
No Win No Fee Claims For A Broken Or Fractured Humerus
People often worry about the cost of making personal injury claims. That’s why our panel of solicitors work on a no win no fee basis.
Here’s how no win no fee services work. First of all, the solicitor will assess your claim. If they believe there’s a chance of winning the case, they’ll provide you with a conditional fee agreement (CFA). This acts as your contract.
The CFA is important because it states that you don’t pay any solicitor’s fees unless you are compensated. If that happens, then the CFA details what ‘success fee’ you’ll pay. This is a fixed percentage of your compensation used to cover the solicitor’s fees. When a case is won, the solicitor deducts their success fee and sends the rest straight to you.
We believe that no win no fee services allow more people to make a claim for fractured humerus compensation. That’s because when the financial risk is reduced, so is the stress involved with claiming.
How To Make A Successful Workplace Accident Claim
To make claiming compensation for a fractured humerus at work easier, you could start by gathering evidence to support your claim. Here’s what you should try to obtain:
- Photographs of the scene of the accident including the root cause.
- Details of any witnesses.
- A copy of an accident report.
- Copies of medical records.
- Photographs of any visible injuries.
When you have as much evidence as possible, you could discuss your personal injury claim with one of our advisors. If they believe your claim is strong enough, you could be connected with one of our panel of personal injury lawyers. If they take on your claim, they’ll act as efficiently as possible to try and resolve it and try to ensure you receive a fair settlement for your injuries. They’ll also keep you up to date throughout the claim, so you know where things stand.
When claiming, you should also consider the personal injury claims time limit. In normal circumstances, this is 3-years from the date of your accident. The sooner you begin your claim though, the better. Starting as early as possible will give your solicitor plenty of time to collate the different elements of a claim.
Start Your Claim With Legal Helpline
One of the solicitors on our panel could help you with an upper arm injury claim in many ways. For example, they could help you:
- Collect evidence
- Calculate your proximal humerus fracture settlement
- Arrange medical appointments
As discussed, we cannot provide the average settlement for a broken arm at work. For a personalised estimation of your claim or free legal advice, please reach out to a member of our team by:
- Calling us on 0161 696 9685
- Using our live chat feature
- Filling out an online enquiry form
Related Claims Guides
Thanks for reading our guide about making a fractured humerus accident at work claim. Here are some more guides which could be useful:
Accident At Work Claims – This guide explains when a personal injury solicitor could be used to sue your employer for a workplace injury.
Arm Injury Claims – A guide that looks at how much compensation could be paid for a broken arm at work claim.
Slip, Trip And Fall Claims – This guide explains when you could claim for a fractured humerus bone, and other injuries, following a trip and fall.
Trusted External Resources
Finally, here are some guides from other sources which you might find helpful:
Accident At Work Expenses – This guide from the government provides advice about expenses and benefits that can be paid because of an accident at work.
Fractured Humerus Advice – A practical guide to caring for a broken humerus from the NHS.
The Health And Safety At Work Act 1974 – This is legislation that could be used if you’re claiming compensation for a broken arm at work.